Pago Pago, AMERICAN SAMOA — The Independent Prosecutor appointed by the High Court to investigate the administration’s spending of $36 million of surplus funds from FY 2023, without prior approval by the Fono, recently provided an interim update on his investigation to the Senate.

IP Aaron Warren who was appointed in March, is a partner in the law firm of Mooney Wieland Warren and has been in the territory for five years.

His three-page interim update was submitted to Senate President Tuaolo Manaia Fruean on July 10, 2024 and distributed to senators on July 12, before the Fono took a four-week recess.

Warren stated in his report that the investigation is still in its preliminary stages and he listed the actions he has taken since his appointment.

These include the review of documents received from the Senate President’s Office regarding the $36 million expenditure, meetings and correspondence with the Senate’s legal counsel regarding background information, documents and resources available for investigation, meetings with the Attorney General’s Office regarding a potential role in support of the investigation, in which he formally requested that the AG detail staff from his office to assist with the investigation.

He also formally requested from the AG, access to all documents and information relevant to the matter.

He stated that he responded to an initial inquiry from the media regarding his appointment and refused to comment on the matter, noting that the appointment of an investigator and the investigation itself is confidential up and until any charges have been filed.

The Independent Prosecutor said that he initiated calls with employees of the Territorial Audit Office (TAO) including with the Territorial Auditor to discuss background history and resources needed for the investigation and the bearing of any past or pending audits on the investigation.

He also discussed with the Territorial Audit Office, a potential role of TAO in assisting with the accounting and audit review needed for the investigation and recommendations regarding needed amendments to the territorial public audit laws, in particular, tools for access and disclosure of records.

Warren said he had corresponded with a legislative consultant regarding the testimony and documents regarding the expenditure that Treasury provided in response to legislative inquiries and conducted his own initial review of the documents.

He added that he has also prepared a letter to the Treasurer requesting a meeting and voluntary cooperation for records to be requested.

Warren said he was still evaluating options for an expert audit review of the expenditures in an efficient and cost effective manner.

The Independent Prosecutor outlined his next actions for the investigation which include confirming support staff detailed to assist him, formally request voluntary disclosure by the Treasurer’s Office and if needed, use the court process.

He will begin interviewing witnesses and taking statements, evaluate the need for broader scope for use of the court process to obtain documents, information and testimony, evaluate options for expert audit review of expenditures and enlist support as may be available.

He said the TAO noted that it could help with the audit components of the investigation on an expedited basis, but requested that the Legislature submit a formal request.

He said in the absence of a formal request, the TAO may provide informal support and advice and/ or referrals for an outside auditor.

Warren said he was continuing to monitor fees and costs incurred for the investigation and noted that fees invoiced to date have not yet been paid.

The Senate Concurrent Resolution calling on the AG to request the High Court to appoint an Independent Prosecutor to investigate the administration’s spending of the $36 million without Fono approval, calls for the suspension, removal and prosecution of any government officer or employee who knowingly violated the budget law.

While the initial appropriation bill submitted by the administration after the $36 million surplus revenues to supplement FY 2023 had been used was rejected last year, the Fono did approve the bill when it was re-introduced in the Second Special Session of the 38th Legislature in March.

In his speech at the opening of the special session, Senate President Tuaolo stated that the Fono has accepted the governor’s request to approve the bill so the books for FY 2023 can be closed, because the Chief Justice has approved the Senate’s Concurrent Resolution and has appointed an Independent Prosecutor to investigate the matter.